Illinois Surety Co. v. Maguire
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wauke-sha county: MaRtiN L. Luece, Circuit Judge. Action upon a contract of indemnity executed and delivered by tbe defendant to tbe plaintiff October 30, 1908. The-contract reads as follows: “Enow all men by these presents, that I, Emnia L. Ma-guire, of Pewaukee, Wisconsin, in consideration of tbe issue-of a bond of guarantee by tbe Illinois Surety Company of’ Chicago, Illinois, to ... on behalf of Walter R. Maguire,, not yet…
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Appeal from a judgment of tbe circuit court for Wauke-sha county: MaRtiN L. Luece, Circuit Judge. Action upon a contract of indemnity executed and delivered by tbe defendant to tbe plaintiff October 30, 1908. The-contract reads as follows: “Enow all men by these presents, that I, Emnia L. Ma-guire, of Pewaukee, Wisconsin, in consideration of tbe issue-of a bond of guarantee by tbe Illinois Surety Company of’ Chicago, Illinois, to ... on behalf of Walter R. Maguire,, not yet of age, hereby agree that I will protect and immediately indemnify the said Illinois Surety Company against any and all…
1Opinion of the Court
Tbe following opinion was filed February 24, 1914:
ViNJE, J.
Tbe trial court appears to have reached its. conclusion that defendant was not liable because she was entitled to demand that all tbe requirements necessary to create-a liability on tbe plaintiff’s bond to tbe firm be complied with in order to render her liable; and that since no message by telegraph or registered letter was sent and no itemized claim was filed as required by plaintiff’s bond, there was no liability shown on its part, and hence none on her part. Whether or not such conclusion is correct depends upon the meaning of the…
2Cases cited2 opinions
- Guarantee Co. of North America v. PittsMississippi Supreme Court · 1901
- American Bonding Co. of Baltimore v. Alcatraz Const. Co.Court of Appeals for the Second Circuit · 1913
3Cited by14 opinions
- Central Surety & Insurance v. HintonMissouri Court of Appeals · 1939
- Carroll v. National Surety Co.Court of Appeals for the D.C. Circuit · 1928
- Fidelity & Casualty Co. of New York v. HarrisonCourt of Appeals of Texas · 1925
- Fidelity & Deposit Co. v. DavisSupreme Court of Kansas · 1930
- National Surety Co. v. FultonAppellate Division of the Supreme Court of the State of New York · 1920
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